Lenovo ThinkCentre M93z (English) ADP Services Agreement - US Purchased Pre De - Page 9

Service Contract - Lenovo Damage Protection Services by any regulatory authority. Notice of such cancellation will be in writing at least thirty (30) calendar days prior to cancellation. If We cancel due to a requirement of a regulatory authority, Your refund will be based upon 100% of the unearned pro rata premium. A. Transfer: You may transfer this Agreement to another party only when ownership of the covered product is transferred to the other party and you have obtained Our prior written consent. Mail all such requests to the Lenovo Damage Protection Administrator Center at the address provided at the top of this Agreement. Your written request must include a copy of this Agreement, Your Invoice(s) noting the part number and serial number of the covered Product(s) and your entitlement to Service, the effective date of transfer, and the transferee's name, address and phone number. The coverage provided under this Agreement may not be transferred to any product other than the covered Product(s). B. This Agreement is the complete and exclusive statement of the terms and conditions regarding Our performance, and replaces any prior oral or written communications on that subject. C. Neither You nor We will bring a claim under this Agreement more than two (2) years after the expiration of this Agreement unless otherwise provided by local law without the possibility of contractual waiver or limitation. D. You are not responsible for failure to fulfill any obligation due to causes beyond Your control. Similarly, We are not responsible for failure to fulfill any obligation due to causes beyond Our control. E. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect. X. INDIVIDUAL STATE DISCLOSURES IN ALABAMA: Prior notice is not required if the reason for cancellation is nonpayment of the Provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered Product or its use. The obligations of the Provider under this Agreement are backed by the full faith and credit of Lenovo. IN COLORADO: Action under this Agreement may be covered by the provisions of the "Colorado Consumer Protection Act" or the Unfair Practices Act", articles 1 and 2 of title 6, C.R. S. A party to this Agreement may have a right of civil action under these laws, including obtaining the recourse or penalties specified in such laws. IN CONNECTICUT: Your Agreement term is automatically extended by the length of time in which the covered Product is in Our custody for repair. If You have a dispute with Us, You may contact the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must contain a description of the dispute, the purchase price of the Product, the cost of repair of the Product, and a copy of the Agreement. The obligations of the Provider under this Agreement are backed by the full faith and credit of Lenovo. IN GEORGIA: If You purchase Your Agreement in Georgia, You are entitled to cancel this Agreement at any time. Cancellation must comply with Section 33-24-44 of the Georgia Code. Any refund owed in the event of cancellation shall be determined on the excess of the Agreement purchase price above the customary short rate for the expired term of the Agreement, and no Claim paid or incurred shall be deducted from any refund owed. We are also entitled to cancel this Agreement at any time based upon fraud, misrepresentation, or failure to pay for the Agreement, and notice of cancellation by Us will be given at least thirty (30) days prior to cancellation. Refunds will be issued on a pro rata basis. Under "What this agreement does not cover", provision Q is deleted and replaced with the following: ANY AND ALL PRE-EXISTING CONDITIONS KNOWN BY YOU THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. The section concerning Arbitration is deleted in its entirety. The obligations of the Provider under this Agreement are backed by the full faith and credit of Lenovo. IN HAWAII: Prior notice is not required if the reason for cancellation is nonpayment of the Provider fee or a material misrepresentation by You relating to the covered property or its use, or a substantial breach of Your duties relating to the covered Product or its use. If You have a question or complaint, You may contact the Insurance Commissioner, 250 South King Street, 5th Floor, Honolulu, Hawaii 96813. IN ILLINOIS: The cancellation fee is equal to the lesser of ten percent (10%) of the Agreement purchase price or fifty dollars ($50.00). This Agreement does not provide coverage for normal wear and tear except as specifically provided in the coverage section above. The obligations of the Provider under this Agreement are backed by the full faith and credit of Lenovo.IN INDIANA: The obligations of Lenovo under this Agreement are backed by the full faith and credit of Lenovo. IN KENTUCKY: The obligations of the Provider under this Agreement are backed by the full faith and credit of Lenovo. IN MARYLAND: The "Purchase Price" shall refer to the purchase price of the covered Product as shown on Your sales receipt. We will pay a penalty of 10% of the Agreement purchase price per month on a refund that is not paid or credited within forty-five (45) days after return of the Agreement to Us. IN MISSOURI: The obligations of the Provider under this Agreement are backed by the full faith and credit of Lenovo. IN NEVADA: No claim incurred or paid shall be deducted from the amount of Your cancellation refund. If We are unable to repair Your Product, replacement of Your covered Product will be provided for with a store voucher or check equal to the original purchase price of the covered Product. Refund of the original Product purchase price will fulfill this Agreement in its entirety and will cancel and discharge all further obligations under this Agreement. With respect to each Product covered under this Agreement, Our liability is limited to the original retail purchase price You paid for such Product. We may not cancel this Agreement once it has been in effect for seventy (70) days, except under the following conditions: failure to pay the Agreement purchase price; the conviction of You of a crime which results in an increase in the Service required under the Agreement; fraud or material misrepresentation by You in purchasing the Agreement or obtaining Service; the discovery of an act or omission, or a violation of any condition of the Agreement by You which substantially and materially increases the Service required under the Agreement; or a material change in the nature or extent of the Service required under the Agreement which occurs after the purchase of the Agreement and substantially and materially increases the Service required beyond that contemplated at the time of purchase. If We cancel the Agreement, You will be refunded the unearned pro rata purchase price of the Agreement. This Agreement is not renewable. The obligations of the Provider under this Agreement are backed by the full faith and credit of Lenovo. IN NEW HAMPSHIRE: In the event you do not receive satisfaction under this Plan, you may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord NH 03301, (800) 852-3416. L505-0072-00 Lenovo Damage Protection Services Agreement - US Consumer.doc Page 4 of 5